Smt. Grace Ashok Thakkar v. The State Of Maharashtra And ORS

APPLN5794.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 5794 OF 2015 Smt. Grace Ashok Thakkar ... Applicant

VERSUS

The State of Maharashtra & Ors.

... Respondents ..........

Mr Vinod P. Patil, Advocate for applicant Mr S. M. Ganachari, APP for respondent/State .............

CORAM :

N. W. SAMBRE, J.

DATE : 8TH JANUARY, 2016.

PER COURT:

.

The applicant filed a complaint before the Magistrate for the offences punishable under Sections 420, 465, 467, 468, 471, 495, 496 read with 34 of the Indian Penal Code alleging that the non-applicant though was already married, cheated her by again marrying her. The complaint has resulted in registration of Crime No. 85 of 2015. The non-applicant approached before the Sessions Court for grant of pre-arrest bail in the said matter, which came to be allowed on 7th September, 2015. The applicant herein is seeking cancellation of the bail granted vide order dt. 7th September, 2015.

APPLN5794.2015.odt 2.

The learned counsel for the applicant would urge that the learned Sessions Court has granted bail only on the count that the custodial interrogation of the non-applicant/accused is not necessary. According to him, non-applicant should have been arrested so as to carry out the custodial interrogation in the matter of cheating. 3.

Having perused the order granting bail in the background of submissions made, it appears that the grant of bail by the learned Sessions Court is having regard to the long standing relations apart from the fact that the said offence was based on cheating. 4.

In my opinion, grant of pre-arrest bail by the learned Sessions Court does not warrant any interference as the liberty granted does not seem to have been misused. As such, the application fails and same stands rejected.

[ N. W. SAMBRE ] JUDGE sgp